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2021 Supreme(Gau) 490

NANI TAGIA
Nabab Ali Sk, S/o Late Abdul Jabbar – Appellant
Versus
State of Assam, represented by the Public Prosecutor, Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. HRA Choudhury, Mr. A. T. Sarkar
For the Respondents: Mr. B. Sarma, Addl. P.P

JUDGMENT :

Heard Mr. H.R.A. Choudhury, learned Senior Counsel, assisted by Mr. A. T. Sarkar, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor for the respondent No.1.

None has appeared for the respondent No.2, though the notice on respondent No.2 was duly served.

2. This is a Criminal Revision Petition filed under Section 397 readwith Section 401 of the Code of Criminal Procedure, challenging the order dated 13.06.2018, passed by the learned Chief Judicial Magistrate, Dhubri in G.R. Case No.5139/2015, arising out of Dhubri P.S. Case No.1399/2015, under Sections 498(A)/34 of the Indian Penal Code, whereby summons have been issued to the petitioners in exercise of power under Section 319 of the Cr.P.C.

3. The facts leading to filing of the instant Criminal Revision Petition, briefly stated, are as follows:

The respondent No.2 had filed an FIR dated 05.11.2015, before the Officer-in-Charge, Dhubri Police Station against the petitioners herein as well as against her husband, Shahnawaz Hassan (Rubul), alleging of dowry demand and the cruelty meted out to her by the accused persons named therein, for failure to fulfil their dowry demand. In the FIR fi

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